R.N.Khola
Labour Laws & Ir
Pvenu1953@gmail.com
Retired Government Servant/advocate
Vmlakshminarayanan
Sr.manager - Hr&admin

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Dear All, My name is Rahul & I'm from Indore (M.P.). I had completed 4 years & 7 Months with my current organization. Now I'm looking for Job Change.
So if I'll leave my current employer so are they liable to pay me gratuity or not.
Please Help.

For this span of service you will not be entitled to have gratuity from this current employer under the Payment of Gratuity Act, 1972. R N KHOLA
Hi, Now that you have completed 4.7 years please be patient for another 5 months so as to get eligible for Gratuity and then you may look for a change.
Dear Member,
You are eligible for gratuity depends upon the working days of your company. If your company is working for six days a week, then you should complete four years and eight months to get Gratuity. At the same time your company is working for five days a week, you have to complete four years and six months is enough to get Gratuity. Hope this is clear to understand.
P Karunakaran

It is ideal that you should try to complete 5 years. Yes, there are decisions of Kerala and Madras High Courts to the effect that completion of 240 days of service in the fifth year makes the employee eligible. However, the decisions are binding only in those States.
Of course, these decisions are of persuasive value and other High Courts as well the Supreme Court may follow and uphold the ratio if the matter could be escalated to that level.

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